Federal Register, Volume 77 Issue 121 (Friday, June 22, 2012)

[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Proposed Rules]
[Pages 37638-37647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12952]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 12-106; FCC 12-43]

Noncommercial Educational Station Fundraising for Third-Party
Non-Profit Organizations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission proposes to allow
noncommercial educational (NCE) broadcast stations to conduct on-air
fundraising activities that interrupt regular programming for the
benefit of third-party non-profit organizations. This proposed rule
change would reduce or eliminate the need for NCE stations to seek a
waiver of the Commission's rules to interrupt regular programming to
conduct third-party fundraising and would afford NCE stations more
flexibility in choosing which non-profit entities to support through
on-air fundraising.

DATES: Comments for this proceeding are due on or before July 23, 2012;
reply comments are due on or before August 21, 2012. Written PRA
comments on the proposed information collection requirements contained
herein must be submitted by the public, Office of Management and Budget
(OMB), and other interested parties on or before August 21, 2012.

ADDRESSES: You may submit comments, identified by MB Docket No. 12-106,
by any of the following methods:
[ssquf] Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.

[[Page 37639]]

[ssquf] Mail: Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although the Commission continues to experience
delays in receiving U.S. Postal Service mail). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
[ssquf] People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: (202) 418-
0530 or TTY: (202) 418-0432.

In addition to filing comments with the Secretary, a copy of any PRA
comments on the proposed information collection requirements contained
herein should be submitted to the Federal Communications Commission via
email to PRA@fcc.gov and to Nicholas A. Fraser, Office of Management
and Budget, via email to Nicholas_A._Fraser@omb.eop.gov or via fax at
(202) 395-5167. For detailed instructions for submitting comments and
additional information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For additional information, contact
Kathy Berthot, Kathy.Berthot@fcc.gov, of the Media Bureau, Policy
Division, (202) 418-7454. For additional information concerning the
information collection requirements contained in this document, send an
email to PRA@fcc.gov or contact Cathy Williams at (202) 418-2918. To
view or obtain a copy of this information collection request (ICR)
submitted to OMB: (1) Go to this OMB/GSA Web page: http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web
page called ``Currently Under Review,'' (3) click on the downward-
pointing arrow in the ``Select Agency'' box below the ``Currently Under
Review'' heading, (4) select ``Federal Communications Commission'' from
the list of agencies presented in the ``Select Agency'' box, (5) click
the ``Submit'' button to the right of the ``Select Agency'' box, and
(6) when the list of FCC ICRs currently under review appears, look for
the OMB control number of this ICR as shown in the Supplementary
Information section below (or its title if there is no OMB control
number) and then click on the ICR Reference Number. A copy of the FCC
submission to OMB will be displayed.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, FCC 12-43, adopted on April 25, 2012 and
released on April 26, 2012. The full text is available for public
inspection and copying during regular business hours in the FCC
Reference Center, Federal Communications Commission, 445 12th Street
SW., CY-A257, Washington, DC 20554. This document will also be
available via ECFS (http://www.fcc.gov/cgb/ecfs/). Documents will be
available electronically in ASCII, Word 97, and/or Adobe Acrobat. The
complete text may be purchased from the Commission's copy contractor,
445 12th Street SW., Room CY-B402, Washington, DC 20554. To request
this document in accessible formats (computer diskettes, large print,
audio recording, and Braille), send an email to fcc504@fcc.gov or call
the Commission's Consumer and Governmental Affairs Bureau at (202) 418-
0530 (voice), (202) 418-0432 (TTY).
This document contains proposed information collection
requirements. As part of its continuing effort to reduce paperwork
burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44
U.S.C. 3501-3520), the Federal Communications Commission invites the
general public and other Federal agencies to comment on the following
information collections. Public and agency comments are due August 21,
2012.
Comments should address: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment
on how we might ``further reduce the information collection burden for
small business concerns with fewer than 25 employees.''
OMB Control Number: None.
Title: Section 73.503, Licensing requirements and service; Section
73.621, Noncommercial educational TV stations; Section 76.3527, Local
public inspection file of noncommercial educational stations.
Form Number: Not applicable.
Type of Review: New information collection.
Respondents: Not for-profit institutions.
Number of Respondents and Responses: 2,200 respondents/30,800
responses.
Estimated Time per Response: 0.25 to 1.5 hours.
Frequency of Response: Annual reporting requirement; One-time
reporting requirement; Recordkeeping requirement; Third party
disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
47 U.S.C. 151, 152, 154(i), 303, 307 and 308.
Total Annual Burden: 17,050 hours.
Total Annual Costs: $330,000.
Privacy Act Impact Assessment: No impact.
Nature and Extent of Confidentiality: There is no general need for
confidentiality with these information collections. However,
respondents may request materials or information submitted to the
Commission be withheld from public inspection under 47 CFR 0.459 of the
Commission's rules.
Needs and Uses: On April 25, 2012, the Commission adopted a Notice
of Proposed Rulemaking (NPRM), Noncommercial Educational Station
Fundraising for Third-Party Non-Profit Organizations, MB Docket No. 12-
106, FCC 12-43. In the NPRM, the Commission proposes to allow NCE
stations to spend up to one percent of their total annual airtime
conducting fundraising activities that interrupt regular programming
for the benefit of third-party non-profit organizations.
The NPRM proposes to add or revise the following rule sections,
which contain proposed information collection requirements: 47 CFR
73.503(e)(1), 47 CFR 73.503(e)(2), 47 CFR 73.503(e)(3), 47 CFR
73.621(f)(1), 47 CFR 73.621(f)(2), 47 CFR 73.621(f)(3), 47 CFR
73.3527(e)(14).
Pursuant to proposed 47 CFR 73.503(e)(1), a noncommercial
educational FM broadcast station that intends to interrupt regular
programming to conduct fundraising activities on behalf of third-party
non-profit organizations must file an opt-in notification with the FCC
prior to engaging in such fundraising activities.
Pursuant to proposed 47 CFR 73.503(e)(2), a noncommercial
educational FM broadcast station that interrupts regular programming to
conduct fundraising activities on behalf of third-party non-profit
organizations must air a disclosure during such activities clearly
stating that the fundraiser is not for the benefit of the station
itself and identifying the entity

[[Page 37640]]

for which it is fundraising and the specific cause, if any, supported
by the fundraiser. The station must air the audience disclosure at the
beginning and the end of each fundraising program and at least once
during each hour in which the program is on the air.
Pursuant to proposed 47 CFR 73.503(e)(3), a noncommercial
educational FM broadcast station that interrupts regular programming to
conduct fundraising activities on behalf of third-party non-profit
organizations must file a report with the FCC on an annual basis
describing such fundraising activities.
Pursuant to proposed 47 CFR 73.621(f)(1), a noncommercial
educational television station that intends to interrupt regular
programming to conduct fundraising activities on behalf of third-party
non-profit organizations must file an opt-in notification with the FCC
prior to engaging in such fundraising activities.
Pursuant to proposed 47 CFR 73.621(f)(2), a noncommercial
educational television station that interrupts regular programming to
conduct fundraising activities on behalf of third-party non-profit
organizations must air a disclosure during such activities clearly
stating that the fundraiser is not for the benefit of the station
itself and identifying the entity for which it is fundraising and the
specific cause, if any, supported by the fundraiser. The station must
air the audience disclosure at the beginning and the end of each
fundraising program and at least once during each hour in which the
program is on the air.
Pursuant to proposed 47 CFR 73.621(f)(3), a noncommercial
educational television station that interrupts regular programming to
conduct fundraising activities on behalf of third-party non-profit
organizations must file a report with the FCC on an annual basis
describing such fundraising activities.
Pursuant to proposed 47 CFR 73.3527(e)(14), each noncommercial
educational FM broadcast station and each noncommercial educational TV
broadcast station that interrupts regular programming to conduct
fundraising activities on behalf of third-party non-profit
organizations must maintain a copy of its annual report describing its
fundraising activities in its public inspection file until final action
has been taken on the station's next license renewal application.
The opt-in notification will serve to inform the FCC and interested
non-profit groups which NCE stations intend to engage in third-party
fundraising activities. The audience disclosure will clearly identify
for the NCE station's audience the entity for which the station is
conducting fundraising. Commission staff will use the data in the
annual reports to assess the effectiveness of allowing NCE stations to
conduct third-party fundraising for non-profit organizations and to
ensure that NCE stations comply with the one percent limit on third-
party fundraising. The public will use the data in the reports to
assess how NCE stations are serving the public interest and their local
communities.
The Commission is seeking OMB approval for the proposed information
collection requirements.

Summary of the Notice of Proposed Rulemaking

I. Introduction

1. In this Notice of Proposed Rulemaking (NPRM), we solicit comment
on whether and under what circumstances to allow noncommercial
educational (NCE) broadcast stations to conduct on-air fundraising
activities that interrupt regular programming for the benefit of third-
party non-profit organizations. Under the Commission's rules, in the
absence of a waiver, an NCE station may not conduct fundraising
activities to benefit any entity besides the station itself if the
activities would substantially alter or suspend regular programming.
The recent report on ``The Information Needs of Communities'' (INC
Report) recommended that we consider affording noncommercial
broadcasters more flexibility by allowing certain NCE stations to
engage in fundraising for charities and other third-party non-profit
organizations. This NPRM promotes the goals of Executive Order 13579 by
analyzing whether the Commission's longstanding policy against
fundraising for third-party non-profits may be tailored to grant NCE
stations limited flexibility without undermining the policy's important
goals.

II. Background

2. Under longstanding Commission policy, an NCE station may not
conduct fundraising activities that substantially alter or suspend
regular programming and are designed to benefit any entity other than
the station itself. ``Regular programming'' includes programming that
``the public broadcaster ordinarily carries, but does not encompass
those fundraising activities that suspend or alter their normal
programming fare.'' The Commission implemented this policy to reflect
the concern that ``educational stations are licensed to provide a
noncommercial broadcast service, not to serve as a fund-raising
operation for other entities by broadcasting material that is `akin to
regular advertising.' ''
3. The Commission has relaxed some of its other policies governing
the broadcast of promotional announcements by NCE stations. Throughout
this process, however, a concern that these changes not adversely
affect the educational programming mission or noncommercial character
of these stations has persisted. For example, in 1981, the Commission
determined that stations could acknowledge contributions made by
donors, but it continued to prohibit the broadcast of promotional
announcements by NCE licensees in exchange for consideration,
regardless of whether the sponsor of a given announcement was a for-
profit or non-profit organization. The Commission adopted these
policies to ```strike a reasonable balance between the financial needs
of [public broadcast] stations and their obligation to provide an
essentially noncommercial broadcast service' and eliminate those
proscriptive regulations deemed unnecessary to preserve the media's
noncommercial nature.'' Notably, the revised policy regarding
contributions by donors was specifically intended to benefit the
station itself and its need for funding to continue to serve its local
audience through noncommercial and educational programming.
4. Later in 1981, Congress adopted section 399B of the
Communications Act of 1934, which prohibits NCE stations from
broadcasting ``advertisements,'' defined as

Any message or other programming material which is broadcast or
otherwise transmitted in exchange for any remuneration, and which is
intended--
(1) To promote any service, facility, or product offered by any
person who is engaged in such offering for profit;
(2) To express the views of any person with respect to any
matter of public importance or interest; or
(3) To support or oppose any candidate for political office.\1\
---------------------------------------------------------------------------

\1\ 47 U.S.C. 399b(a), 399b(b)(1).

In light of this statute's enactment, the Commission reviewed its
NCE policies in 1982. In the resulting Policy Statement, the Commission
determined that non-profit organizations are excluded from the meaning
of the phrase ``any person who is engaged in such offering for profit''
in Section 399B.\2\ Thus, the Commission revised

[[Page 37641]]

the Second Report's determination regarding consideration received to
allow the broadcast of promotional announcements sponsored by non-
profit organizations in order to conform the rule to section 399B of
the Act.\3\ Despite these changes and other liberalizations of the
fundraising and donor acknowledgment rules, the Commission continued
the ban on conducting fundraising activities which substantially alter
or suspend regular programming and are designed to benefit any entity
other than the station itself, codifying these requirements in
Sec. Sec. 73.503(d) and 73.621(e) of the Commission's rules. Those
rules provide, in pertinent part, that ``[t]he scheduling of any
announcements * * * may not interrupt regular programming.'' \4\
---------------------------------------------------------------------------

\2\ See Commission Policy Concerning the Noncommercial Nature of
Educational Broadcast Stations, Memorandum Opinion and Order, 90 FCC
2d 895, 897, para.3 (1982).
\3\ See Commission Policy Concerning the Noncommercial Nature of
Educational Broadcast Stations, Second Report and Order, 86 FCC 2d
141, 157-58, paras. 42-43 (1981).
\4\ 47 CFR 73.503(d), 73.621(e).
---------------------------------------------------------------------------

5. Commission staff has occasionally granted waivers of these rules
in extraordinary circumstances. For example, the Commission granted a
waiver to the licensee of an NCE television station to broadcast a
three-hour fundraiser for Wolf Trap Foundation, with the money to be
used to rebuild the Filene Center at Wolf Trap Farm Park which had
burned down. The Commission granted the waiver in part based on the
fact that the fundraising programming would be consistent with regular
programming, in that more than half of the program would consist of
excerpts of past programs broadcast by the NCE station that had
originated from Wolf Trap Farm, and the remainder of the program would
consist of interviews with and performances from stars who had appeared
at Wolf Trap.
6. Similarly, the former Mass Media Bureau granted a waiver of
Sec. Sec. 73.621(e) and 73.503(d) of the Commission's rules to the
licensee of an NCE radio station and an NCE television station in West
Palm Beach, Florida, where the President had declared Dade County a
disaster area following Hurricane Andrew. The stations proposed to
broadcast a two-hour simulcast along with four area commercial
television stations to raise funds and donations and provide
information for the hurricane relief effort. The staff granted the
waiver in recognition of the catastrophic events that had occurred, the
stations' unique ability to serve the area affected by the disaster,
and the limited length of the program. The Commission has also granted
rule waivers for fundraising for other singular catastrophic events,
such as Hurricane Katrina, the September 11, 2001 terrorist attacks,
the January 2005 tsunami in Southeast Asia, and the January 2010
earthquake in Haiti. More recently, the Commission established informal
procedures through which NCE licensees could request Commission
approval to conduct fundraising to aid the Japan earthquake and tsunami
relief efforts, noting that it has granted waivers of Sec. 73.503(d)
for ``fundraising appeals to support relief efforts following disasters
of particular uniqueness or magnitude'' and that such waivers ``have
been issued for a specific fundraising program or programs, or for
sustained station appeals for periods which generally do not exceed
several days.'' In contrast, in 1995, the staff denied a request for a
waiver of Sec. 73.503(d) where the proposed fundraising for the
Muscular Dystrophy Association occurred annually to address ongoing
needs and was not limited to a specific one-time problem.
7. In June 2011, a working group including Commission staff,
scholars and consultants released the INC Report, a comprehensive
report on the current state of the media landscape. The INC Report
discussed both the need to empower citizens to ensure that broadcasters
serve their communities in exchange for the use of public spectrum and
the need to remove unnecessary burdens on broadcasters who aim to serve
their communities. Noting comments from the National Religious
Broadcasters (NRB), the INC Report recommended that we consider
affording noncommercial broadcasters more flexibility by allowing NCE
stations that are not grantees of the Corporation for Public
Broadcasting (CPB) to spend up to one percent of their annual airtime
doing fundraising for charities and other third-party non-profit
organizations. In order to be eligible for CPB funding, an NCE station
must devote the substantial majority of its daily total programming
hours broadcast on all of its channels to CPB-qualified programming,
which is defined as ``general audience programming that serves
demonstrated community needs of an educational, informational and
cultural nature.'' Programs that ``further the principles of particular
political or religious philosophies, or that are designed primarily for
in-school or professional in-service audiences'' are not considered
CPB-qualified programming. Campus stations managed and operated by and
for students, stations licensed to political organizations, and
stations that provide in-service training programming to licensee
employees, clients, or representatives are also ineligible for CPB
funding. The INC Report noted that having local charities on the air
can be a useful way of informing residents about problems in their
communities and can help NCE stations achieve their public service or
religious missions. The INC Report also recommended that broadcasters
that take advantage of this flexibility be required to disclose how the
fundraising time is used, including how it is helping charities in the
local community, so that the Commission can assess the effectiveness of
providing this flexibility.

III. Notice of Proposed Rulemaking

8. We invite comment on whether it is in the public interest to
revise our rules restricting the ability of NCE stations to conduct
fundraising on behalf of third-party non-profit organizations. We
believe that the original concerns animating the longstanding
restriction remain valid. Nevertheless, as shown by the past grant of
waivers, the Commission has concluded that an NCE station can conduct
certain fundraising activities on behalf of other non-profit
organizations in some circumstances without sacrificing its
noncommercial nature. It has generally sought to limit such waivers to
short-term fundraising intended to assist communities that have
suffered singular misfortunes of historic dimensions or, more rarely,
to benefit non-profit organizations directly tied to the programming
activities of the stations. We seek comment on whether a blanket
prohibition on the substantial interruption of programming for third-
party fundraising remains necessary to preserve NCE stations'
noncommercial nature and to retain those stations' focus on their
designated function of serving their communities of license through
educational programming, or whether it would serve the public interest
to grant NCE stations some flexibility to substantially interrupt
programming to conduct fundraising on behalf of other non-profits. If
we determine that more flexibility is necessary and appropriate, we
seek comment on how we should modify our existing rules, and on what
grounds.
9. We propose to relax the prohibition on third-party fundraising
for NCE stations and seek comment on that proposal. We further invite
comment on whether we should limit the scope of our action and, if so,
what the limitations should be and why. As noted above, the INC Report
recommended that we revise our rules

[[Page 37642]]

to allow only NCE stations that are not CPB grantees, such as most
religious broadcasters, to conduct fundraising for the benefit of
third-party non-profit organizations. The INC Report stated that some
public broadcasting officials do not want the flexibility to engage in
fundraising activities for third-party non-profit organizations because
``it would put them in the awkward position of deciding which worthy
causes to support and which to reject.'' We invite comment on whether
and how we should limit the NCE stations that may engage in limited
third-party fundraising to address this concern. How would the
Commission justify any such limitation? Is third-party fundraising less
likely to trigger the concerns underlying the prohibition if conducted
by certain NCE stations? Alternatively, should we require NCE stations
to opt in to the proposed relaxation, as discussed below, so that NCE
stations that do not want flexibility to engage in third-party
fundraising can simply decline to opt in? We also invite comment on the
First Amendment implications of any limitation on the classes of NCE
stations that may conduct third-party fundraising.
10. As noted, section 399B prohibits NCE stations from
broadcasting, in exchange for remuneration, programming material
intended to promote any service, facility or product offered by any
person who is engaged in such offering for profit. Thus, if we decide
to allow NCE stations additional flexibility to conduct fundraising for
other entities, the statute requires that they be limited to non-profit
entities. We seek comment on whether the Commission should further
limit the kinds of non-profit organizations that may be the
beneficiaries of fundraising conducted by NCE stations. In the Policy
Statement, the Commission noted that ```non-profit' entities encompass
a multitude of organizations with varied purposes and functions.'' The
Communications Act of 1934 defines the term ``non-profit'' (as applied
to any foundation, corporation, or association) to mean ``a foundation,
corporation, or association, no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any private
shareholder or individual.'' \5\ NRB suggests that we limit the class
of entities for which fundraising may be conducted to organizations
which are non-profit under section 501(c)(3) of the Internal Revenue
Code \6\ and that we allow fundraising when ``the fundraising
activities exempted shall be directed to an identified, bona fide
charitable, educational, or religious need which the non-profit
501(c)(3) organization is equipped and committed to aid.'' We seek
comment on these suggestions. In order to eliminate uncertainty for NCE
stations, would it be appropriate to allow fundraising for any entity
that qualifies as a non-profit organization under section 501(c)(3) of
the Internal Revenue Code? Should we establish any additional criteria
to ensure that fundraising on behalf of non-profit entities is
consistent with NCE stations' mission to serve their local communities
through educational and noncommercial programming? As discussed above,
the INC Report suggested that having local charities on the air can be
a useful way of informing residents about problems in their communities
and can help NCE stations achieve their public service or religious
missions. Would it further our interest in localism to limit NCE
stations to soliciting donations for local non-profit organizations?
Furthermore, given that third-party fundraising on behalf of affiliated
entities may restrict an NCE station's ability to conduct fundraising
for local non-profit organizations, should we limit fundraising on
behalf of third parties to unaffiliated third parties? If so, how
should we define ``affiliated''? If we limit any new flexibility for
NCE stations to fundraising for local non-profit entities, should we
also retain our existing waiver process for fundraising activities for
singular catastrophic events regardless of whether they are local in
nature?
---------------------------------------------------------------------------

\5\ 47 U.S.C. 397(8) (defining the term ``non-profit'' for
purposes of Title III, Part IV, Subpart E of the Act).
\6\ Section 501(c)(3) provides that certain corporations,
foundations, or other organizations that operate exclusively for
religious, charitable, scientific, educational, or certain other
non-profit purposes, are exempt from federal income taxation. See 26
U.S.C. 501(c)(3).
---------------------------------------------------------------------------

11. In the event that we decide to modify the proscription on NCE
broadcast stations interrupting regular programming to conduct
fundraising activities on behalf of other non-profit organizations, we
invite comment on how much flexibility to grant NCE stations to devote
to this activity. NRB notes that because NCE licensees rely on
fundraising to support their own operations, these stations will not
want to broadcast ``[e]xcessive appeals for other non-profit groups''
because they ``could negatively impact the licensee's own self-
interests by diverting public support away from the broadcaster * * *''
Approximately how much time do NCE stations spend each year
broadcasting fundraisers on their own behalf? We are concerned that
permitting NCE broadcasters to use too much of their airtime for
unrelated non-profit fundraising could undermine the noncommercial
character of the participating facilities and divert these stations
from their primary function of providing service to their communities
of license through programming. Thus, we believe a strict, if not a
complete, limit on such activities would be advisable. The INC Report
recommended that we consider allowing third-party fundraising so long
as it does not exceed one percent of the broadcaster's total annual
airtime. We invite comment on this approach. With respect to NCE
television stations, we seek comment on how the recommended one percent
limit on third-party fundraising should be calculated and applied for
stations that multicast programming on several different channels. We
also seek comment on how we should enforce a relaxed limit on the
amount of time that NCE stations may devote to third-party fundraising.
Would an annual limit of one percent be sufficient to allow stations to
use third-party fundraising flexibility both for the kinds of planned
fundraising contemplated in the INC Report and for fundraising
activities for disasters and other singular catastrophic events that in
the past have required waivers? The Commission has traditionally
granted waivers only for fundraising activities of ``limited
duration.'' In addition to an annual limit, should fundraising
activities continue to be circumscribed in this way, such as by
adopting a durational limit on a specific program and/or on a discrete
fundraising effort?
12. In the event we modify the current prohibition, we invite
comment on whether we should require that an NCE station itself conduct
all third-party fundraising activities, including collecting funds and
distributing the funds to the non-profit entity, rather than airing
fundraising programs produced by the non-profit organization or some
other entity on behalf of the non-profit organization. Would requiring
an NCE station to locally produce its third-party fundraising
activities promote localism? What are the potential benefits and costs
of requiring NCE stations to locally produce third-party fundraising
activities? Are there any other limitations we should consider imposing
in order to preserve the noncommercial and educational character of the
NCE programming service?

[[Page 37643]]

13. Section 399B prohibits the airing, in exchange for
remuneration, of programming material intended to express views on
matters of public importance or interest, or to support or oppose
political candidates. We note that on April 12, 2012, the Ninth Circuit
Court of Appeals struck down as unconstitutional section 399B's ban on
public interest and political advertisements by NCE stations.\7\
Accordingly, we will not enforce section 399B's ban on public interest
and political advertisements in the Ninth Circuit once the court's
mandate goes into effect. Nevertheless, to the extent any fundraising
that stations would like to conduct under a relaxed policy would fall
into these categories, we invite comment on whether the statutory term
``remuneration'' includes repayment of a station's expenses associated
with such fundraising activities. Additionally, we seek comment on
whether section 399B places any other limitations on the revision of
our existing rules to permit substantial interruption of regular
programming for fundraising activities on behalf of non-profit
organizations.
---------------------------------------------------------------------------

\7\ See Minority Television Project, Inc. v. FCC, No. 09-17311,
2012 WL 1216284, at *17 (9th Cir. Apr. 12, 2012).
---------------------------------------------------------------------------

14. We recognize that in certain situations third-party fundraising
by an NCE station could potentially confuse the station's audience. For
example, where an NCE station conducts fundraising activities on behalf
of a non-profit organization or charity that is closely affiliated with
the station, it may be unclear to the audience whether the station is
fundraising for the station itself or for another entity. In the event
that we decide to modify the third-party fundraising policy, in order
to avoid audience confusion, should we require NCE stations to air a
specified disclosure that clearly identifies the entity for which the
station is conducting the fundraising? If so, what form should this
disclosure take? Would it be sufficient for the station to clearly
state that the fundraiser is not to benefit the station itself and to
identify the entity for which it is fundraising and the specific cause,
if any, supported by the fundraiser? How frequently during each
fundraising effort or program should the NCE station air the
disclosure? We invite comment on whether we should require the NCE
station to air the disclosure at the beginning and the end of the
fundraising program and at least once during each hour in which the
program is on the air.
15. We also seek comment on whether, in the event that we decide to
modify the third-party fundraising policy, we should require NCE
stations that interrupt regular programming to conduct fundraising for
third-party non-profit organizations to submit reports to the
Commission on their fundraising activities. The INC Report recommended
that the Commission consider requiring NCE broadcasters to disclose how
they are utilizing fundraising time for third-party non-profit
organizations so that the FCC can assess the effectiveness of the
additional flexibility recommended therein. If we require NCE stations
to submit reports on third-party fundraising, what information should
the stations be required to include in the reports? For example, the
reports could include, for each fundraiser, the date and time of the
fundraiser, the name of the non-profit entity benefitted by the
fundraiser and whether this entity is a local organization, the
specific cause, if any, supported by the fundraiser, the type of
fundraising activity, the duration of the fundraiser, and the total
funds raised. We seek comment on whether each of these reporting
elements would be useful. What, if any, additional information should
be included? Should NCE stations be required to file the reports on an
annual basis? While we do not believe that filing such reports would be
unduly burdensome, we invite suggestions for minimizing the reporting
burden on NCE broadcasters. Furthermore, we invite comment on whether
we should require NCE stations to include their reports on third-party
fundraising in their public files. Such a requirement would help to
ensure that the public has access to information about how NCE
broadcasters are serving the public interest and their local
communities. Beyond the above-described reporting requirements, we also
invite comment on whether some form of assurance regarding compliance
with the third-party fundraising limits should be required--such as
certification of such compliance on licensees' renewal applications.
This is a common method used to verify compliance in other areas, and
could assist in raising awareness of the limitations on this activity
and ensuring compliance with the new rules.
16. Finally, we invite comment on whether we should require NCE
stations that want to participate in fundraising for third-party non-
profit organizations to affirmatively ``opt in'' by filing a letter or
notification with the Commission. An opt in notification would serve to
inform both the Commission and interested non-profit groups which NCE
stations intend to engage in third-party fundraising activities.

IV. Procedural Matters

A. Initial Regulatory Flexibility Act Analysis

17. As required by the Regulatory Flexibility Act, as amended
(RFA), the Commission has prepared this Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on a
substantial number of small entities by the policies and rules
considered in the attached Notice of Proposed Rulemaking (NPRM).
Written public comments are requested on this IRFA. Comments must be
identified as responses to the IRFA and must be filed by the deadlines
for comments on the NPRM as indicated on the first page of the NPRM.
The Commission will send a copy of the NPRM, including this IRFA, to
the Chief Counsel for Advocacy of the Small Business Administration
(SBA). In addition, the NPRM and the IRFA (or summaries thereof) will
be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
18. Longstanding Commission policy provides that noncommercial
educational (NCE) stations may not conduct fundraising activities which
substantially alter or suspend regular programming and are designed to
benefit any entity other than the station itself. ``Regular
programming'' includes programming that the public broadcaster
ordinarily carries, and not fundraising activities that suspend or
alter the normal programming schedule.
19. In June 2011, a working group including Commission staff,
scholars and consultants released ``The Information Needs of
Communities'' (INC Report), a comprehensive report on the current state
of the media landscape. Noting comments from the National Religious
Broadcasters, the INC Report recommended that we afford noncommercial
broadcasters more flexibility by allowing NCE stations that are not
grantees of the Corporation for Public Broadcasting (CPB), such as most
religious broadcasters, to spend up to one percent of their airtime
doing fundraising for charities and other third-party non-profit
organizations. The INC Report also recommended that we require that
broadcasters disclose how this time is used so that the FCC can assess
the efficacy of allowing third-party fundraising.
20. The NPRM proposes to relax the rules to afford NCE stations
more flexibility to conduct on-air fundraising activities on behalf of
third-party non-

[[Page 37644]]

profit organizations and seeks comment on a series of proposals to
facilitate this additional flexibility. The NPRM seeks comment on the
following proposals:
Revise the rules to allow NCE stations to substantially
interrupt regular programming to conduct on-air fundraising activities
for the benefit of third-party non-profit organizations;
Define the class of non-profit organizations that may be
the beneficiaries of third-party fundraising by NCE stations to include
entities that qualify as non-profit organizations under section
501(c)(3) of the Internal Revenue Code;
Limit the amount of time that an NCE station may devote to
third-party fundraising to one percent of the station's total annual
airtime;
Require NCE stations that substantially interrupt regular
programming to conduct third-party fundraising to air a disclosure that
clearly identifies the entity for which the station is conducting the
fundraising;
Require NCE stations that substantially interrupt regular
programming to conduct third-party fundraising to submit annual reports
to the Commission on their fundraising activities;
Require NCE stations that substantially interrupt regular
programming to conduct third-party fundraising to include their reports
on third-party fundraising in their public files;
Require NCE stations that substantially interrupt regular
programming to conduct third-party fundraising to certify on their
renewal applications that they have complied with the limits on
fundraising; and
Require NCE stations that want to substantially interrupt
regular programming to participate in third-party fundraising to
affirmatively ``opt in'' by filing a letter or notification with the
Commission.

The NPRM also has under consideration possible rule changes that would:
Limit the classes of NCE stations that may engage in
third-party fundraising;
Limit the non-profit organizations that may benefit from
fundraising by NCE stations, such as by limiting the eligible class of
non-profit organizations to local entities and/or entities that are not
affiliated with the NCE stations;
Prescribe durational limits for each particular
fundraising effort; and
Require NCE stations to locally produce third-party
fundraising activities.

The NPRM invites commenters to suggest alternatives to these proposals
and other rule changes that would help to ensure that fundraising on
behalf of non-profit entities is consistent with NCE stations' mission
to serve their local communities through educational and noncommercial
programming.
Legal Basis
21. This NPRM is adopted pursuant to sections 1, 4(i), 303(r), and
399B of the Communications Act of 1934, 47 U.S.C. 151, 154(i), 303(r),
399b.
Description and Estimate of the Number of Small Entities To Which the
Proposed Rules Will Apply
22. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
23. Television Broadcasting. The SBA defines a television
broadcasting station as a small business if such station has $14.0
million or less in annual receipts. Business concerns included in this
industry are those ``primarily engaged in broadcasting images together
with sound.'' The Commission has estimated the number of licensed
commercial television stations to be 1,387. In addition, according to
Commission staff review of the BIA Kelsey Inc. Master Access Television
Analyzer Database (BIA) as of February 7, 2012, about 950 (73 percent)
of an estimated 1,301 commercial television stations had revenues of
$14.0 million or less and thus qualify as small entities under the SBA
definition. We note, however, that in assessing whether a business
concern qualifies as small under the above definition, business
(control) affiliations must be included. Our estimate, therefore,
likely overstates the number of small entities that might be affected
by our action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. The Commission
has estimated the number of licensed NCE television stations to be 396.
The Commission does not compile and otherwise does not have access to
information on the revenue of NCE stations that would permit it to
determine how many such stations would qualify as small entities.
24. In addition, an element of the definition of ``small business''
is that the entity not be dominant in its field of operation. We are
unable at this time to define or quantify the criteria that would
establish whether a specific television station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which rules may apply does not exclude any television station from the
definition of a small business on this basis and is therefore possibly
over-inclusive to that extent. Also, an additional element of the
definition of ``small business'' is that the entity must be
independently owned and operated. We note that it is difficult at times
to assess these criteria in the context of media entities and our
estimates of small businesses to which they apply may be over-inclusive
to this extent.
25. Radio Stations. The SBA defines a radio broadcasting station
that has $7.0 million or less in annual receipts as a small business. A
radio broadcasting station is an establishment primarily engaged in
broadcasting aural programs by radio to the public. Radio broadcasting
stations which primarily are engaged in radio broadcasting and which
produce radio program materials are similarly included. The Commission
has estimated the number of licensed commercial radio stations to be
14,952. In addition, according to Commission staff review of BIA Kelsey
Inc. Master Access Radio Analyzer Database as of February 7, 2012,
about 10,755 (approximately 97 percent) of an estimated 11,106
commercial radio stations have revenue of $7.0 million or less and thus
qualify as small entities under the SBA definition. We note, however,
that, in assessing whether a business concern qualifies as small under
the above definition, business (control) affiliations must be included.
Our estimate, therefore, likely overstates the number of small entities
that might be affected by our action, because the revenue figure on
which it is based does not include or aggregate revenues from
affiliated companies. The Commission has estimated the number of
licensed NCE radio stations to be 3,644. The Commission does not
compile and otherwise does not have access to information on the
revenue of NCE stations that would permit it to determine how many such
stations would qualify as small entities.
26. In addition, an element of the definition of ``small business''
is that the entity not be dominant in its field of operation. We are
unable at this time to define or quantify the criteria that

[[Page 37645]]

would establish whether a specific radio station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which rules may apply does not exclude any radio station from the
definition of a small business on this basis and therefore may be over-
inclusive to that extent. Also, an additional element of the definition
of ``small business'' is that the entity must be independently owned
and operated. We note that it is difficult at times to assess these
criteria in the context of media entities and our estimates of small
businesses to which they apply may be over-inclusive to this extent.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
27. The NPRM proposes a number of rule changes that would affect
reporting, recordkeeping, and other compliance requirements. Each of
these proposals is described below.
28. The NPRM proposes to allow NCE stations to substantially
interrupt regular programming to spend up to one percent of their total
annual airtime conducting fundraising activities on behalf of third-
party non-profit organizations. If this proposal is adopted, NCE
stations may be required to keep records sufficient to demonstrate that
their fundraising broadcasts are within the one percent limit. The NPRM
also proposes to require NCE stations to submit annual reports to the
Commission on their fundraising for third-party non-profit
organizations. Further, the NPRM proposes to require NCE stations to
include their reports on third-party fundraising in their public files
and to certify on their renewal applications that they have complied
with the limits on fundraising.
Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
29. The RFA requires an agency to describe any significant
alternatives that might minimize any significant economic impact on
small entities. Such alternatives may include the following four
alternatives (among others): (1) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.
30. The NPRM proposes to relax restrictions on third-party
fundraising by NCE stations by allowing NCE stations to devote up to
one percent of their total annual airtime to fundraising for the
benefit of third-party non-profit organizations. This proposal would
benefit small entities by reducing or eliminating the need for NCE
stations to seek a waiver of the Commission's rules to conduct third-
party fundraising activities and affording NCE stations more
flexibility to decide which non-profit entities to support through on-
air fundraising. The NPRM also proposes to require NCE stations that
conduct third-party fundraising to submit annual reports to the
Commission on their fundraising activities, include such reports in
their public files, and certify on their renewal applications that they
have complied with the limits on fundraising. We believe that these
reporting and recordkeeping requirements would impose only minimal
burdens on any affected entities, and the costs of these reporting and
recordkeeping requirements would be offset in our opinion by the
additional flexibility afforded to NCE stations to conduct fundraising
for third-party non-profit organizations of their choosing without the
need to seek a waiver or prior FCC approval. For this reason, an
analysis of alternatives to the proposed rules is unnecessary. We
invite comment on whether there are any alternatives we should consider
that would minimize any adverse impact on small entities, but which
maintain the benefits of our proposals.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
31. None.

B. Paperwork Reduction Act

32. This NPRM proposes new information collection requirements. The
Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public and the Office of Management and
Budget (OMB) to comment on the information collection requirements
contained in this document, as required by the Paperwork Reduction Act
of 1995.\8\ In addition, pursuant to the Small Business Paperwork
Relief Act of 2002,\9\ we seek specific comment on how we might
``further reduce the information collection burden for small business
concerns with fewer than 25 employees.'' \10\
---------------------------------------------------------------------------

\8\ See Public Law 104-13.
\9\ See Public Law 107-198.
\10\ See 44 U.S.C. 3506(c)(4).
---------------------------------------------------------------------------

C. Ex Parte Rules

33. Permit-But-Disclose. The proceeding this NPRM initiates shall
be treated as a ``permit-but-disclose'' proceeding in accordance with
the Commission's ex parte rules. Persons making ex parte presentations
must file a copy of any written presentation or a memorandum
summarizing any oral presentation within two business days after the
presentation (unless a different deadline applicable to the Sunshine
period applies). Persons making oral ex parte presentations are
reminded that memoranda summarizing the presentation must (1) list all
persons attending or otherwise participating in the meeting at which
the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide
citations to such data or arguments in his or her prior comments,
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule Sec.
1.1206(b). In proceedings governed by rule Sec. 1.49(f) or for which
the Commission has made available a method of electronic filing,
written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the
electronic comment filing system available for that proceeding, and
must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize
themselves with the Commission's ex parte rules.

D. Filing Requirements

34. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS).
[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/.

[[Page 37646]]

[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
[cir] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[cir] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
[cir] U.S. Postal Service first-class, Express, and Priority mail
should be addressed to 445 12th Street SW., Washington DC 20554.
35. People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
36. For additional information on this proceeding, contact Kathy
Berthot, Kathy.Berthot@fcc.gov, of the Media Bureau, Policy Division,
(202) 418-2120.

V. Ordering Clauses

37. Accordingly, it is ordered that, pursuant to sections 1, 4(i),
303(r), and 399B of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i), 303(r), 399b, this Notice of Proposed Rulemaking is
hereby adopted.
38. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.

List of Subjects in 47 CFR Part 73

Radio, Television, Reporting and recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

1. The authority citation for part 73 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336, and 339.

2. Section 73.503 is amended by revising the last sentence of
paragraph (d), redesignating paragraph (e) as paragraph (f), adding a
new paragraph (e) and revising the Note to read as follows:

Sec. 73.503 Licensing requirements and service.

* * * * *
(d) * * * The scheduling of any announcements and acknowledgements
may not interrupt regular programming, except as permitted under
paragraph (e) of this section.
(e) A noncommercial educational FM broadcast station may interrupt
regular programming to conduct fundraising activities on behalf of
third-party non-profit organizations, provided that such fundraising
activities do not exceed one percent of the station's total annual
airtime. For purposes of this paragraph, a non-profit organization is
an entity that qualifies as a non-profit organization under section
501(c)(3) of the Internal Revenue Code.
(1) Opt-In Notification. A noncommercial educational FM broadcast
station that intends to interrupt regular programming to conduct
fundraising activities on behalf of third-party non-profit
organizations must file an opt-in notification with the FCC prior to
engaging in such fundraising activities.
(2) Audience Disclosure. A noncommercial educational FM broadcast
station that interrupts regular programming to conduct fundraising
activities on behalf of third-party non-profit organizations must air a
disclosure during such activities clearly stating that the fundraiser
is not for the benefit of the station itself and identifying the entity
for which it is fundraising and the specific cause, if any, supported
by the fundraiser. The station must air the audience disclosure at the
beginning and the end of each fundraising program and at least once
during each hour in which the program is on the air.
(3) Reports. A noncommercial educational FM broadcast station that
interrupts regular programming to conduct fundraising activities on
behalf of third-party non-profit organizations must file a report with
the FCC on an annual basis describing such activities. These reports
must include, for each fundraiser, the date and time of the fundraiser,
the name of the non-profit entity benefitted by the fundraiser and
whether this entity is a local organization, the specific cause, if
any, supported by the fundraiser, the type of fundraising activity, the
duration of the fundraiser, and the total funds raised.
* * * * *

Note to Sec. 73.503: Commission interpretation on this rule,
including the acceptable form of acknowledgements, may be found in
the Second Report and Order in Docket No. 21136 (Commission Policy
Concerning the Noncommercial Nature of Educational Broadcast
Stations), 86 FCC 2d 141 (1981); the Memorandum Opinion and Order in
Docket No. 21136, 90 FCC 2d 895 (1982); the Memorandum Opinion and
Order in Docket 21136, 97 FCC 2d 255 (1984); and the Report and
Order in Docket No. 12-106 (Noncommercial Educational Station
Fundraising for Third-Party Non-Profit Organizations). See also,
``Commission Policy Concerning the Noncommercial Nature of
Educational Broadcast Stations,'' Public Notice, 7 FCC Rcd 827
(1992), which can be retrieved through the Internet at http://www.fcc.gov/mmb/asd/nature.html.

3. Section 73.621 is amended by redesignating paragraphs (f)
through (i) as paragraphs (g) through (j), revising the last sentence
of paragraph (e) and the Note to paragraph (e), and adding new
paragraph (f) to read as follows:

Sec. 73.621 Noncommercial educational TV stations.

* * * * *
(e) * * * The scheduling of any announcements and acknowledgements
may not interrupt regular programming, except as permitted under
paragraph (f) of this section.

Note: Commission interpretation of this rule, including the
acceptable form of acknowledgements, may be found in the Second
Report and Order in Docket No. 21136 (Commission Policy Concerning
the Noncommercial Nature of Educational Broadcast Stations), 86
F.C.C. 2d 141 (1981); the Memorandum Opinion and Order in Docket No.
21136, 90 FCC 2d 895 (1982); the Memorandum Opinion and Order in
Docket 21136, 49 FR 13534, April 5, 1984; and the Report and Order
in Docket No. 12-106 (Noncommercial Educational Station

[[Page 37647]]

Fundraising for Third-Party Non-Profit Organizations).

(f) A noncommercial educational television station may interrupt
regular programming to conduct fundraising activities on behalf of a
third-party non-profit organization, provided that such fundraising
activities do not exceed one percent of the station's total annual
airtime. For purposes of this paragraph, a non-profit organization is
an entity that qualifies as a non-profit organization under section
501(c)(3) of the Internal Revenue Code.
(1) Opt-In Notification. A noncommercial educational television
station that intends to interrupt regular programming to conduct
fundraising activities on behalf of third-party non-profit
organizations must file an opt-in notification with the FCC prior to
engaging in such fundraising activities.
(2) Audience Disclosure. A noncommercial educational television
station that interrupts regular programming to conduct fundraising
activities on behalf of third-party non-profit organizations must air a
disclosure during such activities clearly stating that the fundraiser
is not for the benefit of the station itself and identifying the entity
for which it is fundraising and the specific cause, if any, supported
by the fundraiser. The station must air the audience disclosure at the
beginning and the end of each fundraising program and at least once
during each hour in which the program is on the air.
(3) Reports. A noncommercial educational television station that
interrupts regular programming to conduct fundraising activities on
behalf of third-party non-profit organizations must file a report with
the FCC on an annual basis describing such activities. These reports
must include, for each fundraiser, the date and time of the fundraiser,
the name of the non-profit entity benefitted by the fundraiser and
whether this entity is a local organization, the specific cause, if
any, supported by the fundraiser, the type of fundraising activity, the
duration of the fundraiser, and the total funds raised.
* * * * *
4. Section 73.3527 is amended by adding new paragraph (e)(14) to
read as follows:

Sec. 73.3527 Local public inspection file of noncommercial
educational stations.

* * * * *
(e) * * *
(14) Reports on Fundraising for Third-Party Non-Profit
Organizations. For noncommercial educational FM broadcast stations a
copy of each report required to be filed with the FCC by Sec.
73.503(e)(3). For noncommercial educational TV broadcast stations a
copy of each report required to be filed with the FCC by Sec.
73.621(f)(3). These reports shall be retained in the public inspection
file until final action has been taken on the station's next license
renewal application.

[FR Doc. 2012-12952 Filed 6-21-12; 8:45 am]
BILLING CODE 6712-01-P